Senate Bill sb2978

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    Florida Senate - 2004        (Corrected Copy)          SB 2978

    By the Committee on Education





    304-1218D-04

  1                      A bill to be entitled

  2         An act relating to the Corporate Tax Credit

  3         Scholarship Program; amending s. 220.187, F.S.;

  4         providing definitions; prohibiting certain

  5         students from participating in the scholarship

  6         program; revising limitations on the allocation

  7         of annual credits granted under the program;

  8         providing limitations on eligible

  9         contributions; requiring the Auditor General to

10         review certain audits, request certain

11         information, and report to the Legislative

12         Auditing Committee any findings of

13         noncompliance; authorizing the Legislative

14         Auditing Committee to conduct hearings and

15         compel the Department of Education to revoke

16         eligibility of certain nonprofit

17         scholarship-funding organizations; providing

18         for audit reports to be submitted to the

19         Department of Education; requiring audits be

20         conducted within 180 days after completion of

21         the nonprofit scholarship-funding

22         organization's fiscal year; requiring a

23         nonprofit scholarship-funding organization to

24         make scholarship payments at least on a

25         quarterly basis; prohibiting commingling of

26         certain scholarship funds; requiring a

27         nonprofit scholarship-funding organization to

28         maintain a separate account for scholarship

29         funds; requiring a nonprofit

30         scholarship-funding organization to verify

31         student attendance at a private school prior to

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 1         submission of scholarship funds; requiring a

 2         nonprofit scholarship-funding organization to

 3         verify income eligibility of qualified students

 4         at least once a year in accordance with State

 5         Board of Education rules; requiring a nonprofit

 6         scholarship-funding organization to submit

 7         certain reports to the Department of Education;

 8         requiring certain individuals to undergo annual

 9         level 2 background screening requirements

10         pursuant to s. 435.04, F.S.; providing a

11         mechanism for reporting background check

12         results; requiring costs of background checks

13         be borne by certain parties; prohibiting

14         employment, entry into a contract, or

15         volunteerism by an individual failing

16         background screening; revoking participation of

17         certain nonprofit scholarship-funding

18         organizations if personnel do not meet level 2

19         screening; authorizing a mechanism for

20         contesting background results; limiting avenues

21         of contesting disqualification; requiring a

22         nonprofit scholarship-funding organization

23         comply with antidiscrimination provisions of 42

24         U.S.C. s. 2000d; prohibiting an owner or a

25         nonprofit scholarship-funding organization from

26         owning, operating, or administering an eligible

27         private school under the scholarship program;

28         requiring a nonprofit scholarship-funding

29         organization to report any private school not

30         in compliance with scholarship program

31         requirements to the Department of Education;

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 1         prohibiting provision of scholarship funds to a

 2         student to attend a private school not in

 3         compliance; authorizing a parent to transfer

 4         the scholarship; requiring award of

 5         scholarships on a first-come, first-served

 6         basis; prohibiting a nonprofit

 7         scholarship-funding organization from targeting

 8         certain students for scholarships; prohibiting

 9         the award of scholarships to a child of an

10         owner of a nonprofit scholarship-funding

11         organization; prohibiting the transfer of an

12         eligible contribution between nonprofit

13         scholarship-funding organizations; prohibiting

14         a nonprofit scholarship-funding organization

15         from securing financing in anticipation of

16         eligible contributions; requiring a nonprofit

17         scholarship-organization to submit to the

18         Department of Education a written opinion from

19         an independent certified public accountant that

20         the organization maintains sufficient credit or

21         assets; prohibiting a nonprofit

22         scholarship-funding organization from

23         participating in the program if the

24         organization fails to meet statutory

25         obligations; requiring students to meet certain

26         attendance policies; requiring parents to meet

27         certain parental involvement requirements

28         unless excused; prohibiting a parent from

29         authorizing a power of attorney for endorsement

30         of scholarship warrant; requiring a parent to

31         ensure that a scholarship student participates

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 1         in testing requirements; prohibiting a student

 2         or parent of a student from participating in

 3         the scholarship program if the student or

 4         parent fails to meet statutory obligations;

 5         revising provisions with respect to private

 6         schools; revising requirements that a

 7         participating private school demonstrate fiscal

 8         soundness; requiring a surety bond; providing

 9         an exception; requiring a private school to

10         employ or contract with teachers who have

11         regular and direct contact with students at the

12         school's physical location; requiring the

13         private schools to employ or contract with

14         teachers who have at least a baccalaureate

15         degree, 3 years of teaching experience at a

16         public or private school, or other skills that

17         qualify the teacher to provide appropriate

18         instruction; requiring a private school to

19         report to the Department of Education the

20         qualifications of teachers; requiring a private

21         school to annually register with the Department

22         of Education and provide certain information

23         concerning the private school organization,

24         student list, and notice of intent to

25         participate in the scholarship program;

26         requiring certain individuals to undergo annual

27         level 2 background screening requirements

28         pursuant to s. 435.04, F.S.; providing a

29         mechanism for reporting background check

30         results; requiring costs of background checks

31         be borne by certain parties; prohibiting

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 1         employment, entry into a contract, or

 2         volunteerism by an individual who fails

 3         background screening; revoking participation of

 4         certain private schools if personnel do not

 5         meet level 2 screening; authorizing a mechanism

 6         for contesting background results; limiting

 7         avenues of contesting disqualification;

 8         requiring a private school to administer or to

 9         make provision for administering certain tests

10         to scholarship students; requiring reporting of

11         scores to the student's parent and to the

12         independent private research organization

13         selected by the Department of Education;

14         requiring a private school to file an

15         affidavit; requiring a private school to notify

16         the Department of Education in writing within 7

17         days if a student is ineligible to participate

18         in the scholarship program; prohibiting a

19         private school from participating in the

20         scholarship program if the private school fails

21         to meet its statutory obligations; requiring

22         the Department of Education to annually

23         determine the eligibility of nonprofit

24         scholarship-funding organizations within 90

25         days after application; requiring a written

26         notice with specific reasons for approval or

27         denial; requiring the Department of Education

28         to annually determine the eligibility of

29         private schools; requiring the Department of

30         Education to make accessible to the public a

31         list of eligible private schools; requiring the

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 1         Department of Education to annually verify the

 2         eligibility of students; requiring the

 3         Department of Education to maintain a student

 4         database of program participants and to update

 5         the database at least quarterly; requiring the

 6         Department of Education to notify a nonprofit

 7         scholarship-funding organization of any

 8         ineligible student; requiring the Department of

 9         Education to annually account for and verify

10         the eligibility of program expenditures;

11         requiring the Department of Education to select

12         an independent private research organization

13         for reporting of student scores; providing

14         limitations on reporting; requiring the

15         Department of Education to revoke the

16         eligibility of program participants for failure

17         to comply with statutory obligations; requiring

18         the Department of Education to annually report

19         on accountability activities; requiring the

20         State Board of Education to adopt rules

21         regarding identification of documentation to

22         establish eligibility of nonprofit

23         scholarship-funding organizations, requiring an

24         affidavit, identification of independent income

25         verification for determining the eligibility of

26         students, determination of sufficient capital

27         or credit that program participants must

28         maintain; authorizing the State Board of

29         Education to delegate its authority to the

30         Commissioner of Education with the exception of

31  

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    Florida Senate - 2004        (Corrected Copy)          SB 2978
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 1         rulemaking authority; providing an effective

 2         date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Section 220.187, Florida Statutes, is

 7  amended to read:

 8         220.187  Credits for contributions to nonprofit

 9  scholarship-funding organizations.--

10         (1)  PURPOSE.--The purpose of this section is to:

11         (a)  Encourage private, voluntary contributions to

12  nonprofit scholarship-funding organizations.

13         (b)  Expand educational opportunities for children of

14  families that have limited financial resources.

15         (c)  Enable children in this state to achieve a greater

16  level of excellence in their education.

17         (2)  DEFINITIONS.--As used in this section, the term:

18         (a)  "Department" means the Department of Revenue.

19         (a)(b)  "Eligible contribution" means a monetary

20  contribution from a taxpayer, subject to the restrictions

21  provided in this section, to an eligible nonprofit

22  scholarship-funding organization. The taxpayer making the

23  contribution may not designate a specific child as the

24  beneficiary of the contribution. The taxpayer may not

25  contribute more than $5 million to any single eligible

26  nonprofit scholarship-funding organization.

27         (b)(c)  "Eligible private nonpublic school" means a

28  private nonpublic school,as defined in s. 1002.01(2), located

29  in Florida which that offers an education to students in any

30  grades K-12 and that meets the requirements in subsection (6)

31  (5).

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 1         (c)(d)  "Eligible nonprofit scholarship-funding

 2  organization" means a charitable organization that is exempt

 3  from federal income tax pursuant to s. 501(c)(3) of the

 4  Internal Revenue Code, incorporated under laws of this state,

 5  and that complies with the provisions of subsection (4).

 6         (d)  "Owner" means the owner, president, chairperson of

 7  the board of directors, superintendent, principal, or person

 8  with equivalent decisionmaking authority who owns, operates,

 9  or administers an eligible nonprofit scholarship-funding

10  organization or eligible private school. In addition, the term

11  "owner" means an individual who has access to or processes

12  scholarship funds or eligible contributions at an eligible

13  nonprofit scholarship-funding organization or eligible private

14  school.

15         (e)  "Qualified student" means a student who qualifies

16  for free or reduced-price school lunches under the National

17  School Lunch Act and who:

18         1.  Was counted as a full-time equivalent student

19  during the previous state fiscal year for purposes of state

20  per-student funding;

21         2.  Received a scholarship from an eligible nonprofit

22  scholarship-funding organization during the previous school

23  year; or

24         3.  Is eligible to enter kindergarten or first grade.

25  

26  A student is not eligible to receive a scholarship under this

27  section if the student is participating in the Opportunity

28  Scholarship Program under s. 1002.38, the John M. McKay

29  Scholarships for Students with Disabilities Program under s.

30  1002.39, or a home education program as defined in s.

31  1002.01(1). A student is not eligible to receive a scholarship

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 1  from more than one eligible nonprofit scholarship-funding

 2  organization at the same time.

 3         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

 4  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

 5         (a)  There is allowed a credit of 100 percent of an

 6  eligible contribution against any tax due for a taxable year

 7  under this chapter. However, such a credit may not exceed 75

 8  percent of the tax due under this chapter for the taxable

 9  year, after the application of any other allowable credits by

10  the taxpayer. However, at least 5 percent of the total

11  statewide amount authorized for the tax credit shall be

12  reserved for taxpayers who meet the definition of a small

13  business provided in s. 288.703(1) at the time of application.

14  The credit granted by this section shall be reduced by the

15  difference between the amount of federal corporate income tax

16  taking into account the credit granted by this section and the

17  amount of federal corporate income tax without application of

18  the credit granted by this section.

19         (b)  The total amount of tax credits and carryforward

20  of tax credits that which may be granted each state fiscal

21  year under this section is $88 million. One percent of the

22  total statewide amount authorized for the tax credit must be

23  reserved for taxpayers who are small businesses as defined in

24  s. 288.703(1) at the time of application.

25         (c)  A taxpayer who files a Florida consolidated return

26  as a member of an affiliated group pursuant to s. 220.131(1)

27  may be allowed the credit on a consolidated return basis;

28  however, the total credit taken by the affiliated group is

29  subject to the limitation established under paragraph (a).

30         (d)  A taxpayer may rescind its application for tax

31  credit under this section, and the amount approved in the

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 1  application for tax credit shall become available for purposes

 2  of the cap for that state fiscal year under this section to an

 3  eligible taxpayer as approved by the Department of Revenue, if

 4  the taxpayer receives notice from the Department of Revenue

 5  that the rescindment application has been accepted by the

 6  Department of Revenue, the taxpayer has not previously

 7  rescinded its application for tax credit under this section

 8  more than once in the previous 3 tax years, and the taxpayer

 9  has not made a contribution pursuant to its approved

10  application for tax credit under this section. Any amount

11  rescinded under this paragraph shall become available to an

12  eligible taxpayer on a first-come, first-served basis based on

13  tax credit applications received after the date the

14  rescindment is accepted by the Department of Revenue.

15         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

16  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

17         (a)  An eligible nonprofit scholarship-funding

18  organization shall provide scholarships, from eligible

19  contributions, to qualified students for:

20         1.  Tuition or textbook expenses for, or transportation

21  to, an eligible private nonpublic school. At least 75 percent

22  of each the scholarship funding must be used to pay tuition

23  expenses; or

24         2.  Transportation expenses to a Florida public school

25  that is located outside the district in which the student

26  resides.

27         (b)  An eligible nonprofit scholarship-funding

28  organization shall give priority to qualified students who

29  received a scholarship from an eligible nonprofit

30  scholarship-funding organization during the previous school

31  year.

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 1         (c)  The amount of a scholarship provided to any child

 2  for any single school year by all eligible nonprofit

 3  scholarship-funding organizations from eligible contributions

 4  shall not exceed the following annual limits:

 5         1.  Three thousand five hundred dollars for a

 6  scholarship awarded to a student enrolled in an eligible

 7  private nonpublic school.

 8         2.  Five hundred dollars for a scholarship awarded to a

 9  student enrolled in a Florida public school that is located

10  outside the district in which the student resides.

11         (d)  The amount of an eligible contribution that which

12  may be accepted by an eligible nonprofit scholarship-funding

13  organization is limited to the amount needed to provide

14  scholarships for qualified students that which the

15  organization has identified and for which vacancies in

16  eligible private nonpublic schools have been identified.

17         (e)  An eligible nonprofit scholarship-funding

18  organization that receives an eligible contribution must spend

19  100 percent of the eligible contribution to provide

20  scholarships in the same state fiscal year in which the

21  contribution was received. No portion of eligible

22  contributions may be used for administrative expenses. All

23  interest accrued from contributions must be used for

24  scholarships.

25         (f)  An eligible nonprofit scholarship-funding

26  organization that receives eligible contributions must provide

27  to the Auditor General and the Department of Education, within

28  180 days after completion of the organization's fiscal year,

29  an annual financial and compliance audit of its accounts and

30  records conducted by an independent certified public

31  accountant and in accordance with rules adopted by the Auditor

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 1  General. The Auditor General shall review all audit reports

 2  submitted pursuant to this section. The Auditor General shall

 3  request any significant items that were omitted in violation

 4  of a rule adopted by the Auditor General. The items must be

 5  provided within 45 days after the date of the request. If the

 6  nonprofit scholarship-funding organization does not comply

 7  with the Auditor General's request, the Auditor General shall

 8  notify the Legislative Auditing Committee. The Legislative

 9  Auditing Committee may schedule a hearing. If a hearing is

10  scheduled, the committee shall determine if the nonprofit

11  scholarship-funding organization should be subject to further

12  state action. If the committee determines that the nonprofit

13  scholarship-funding organization should be subject to further

14  state action, the committee shall notify the Department of

15  Education, which shall terminate the eligibility of the

16  nonprofit scholarship-funding organization to participate in

17  the program under this section.

18         (g)  An eligible nonprofit scholarship-funding

19  organization shall make payment of the scholarship, at a

20  minimum, on a quarterly basis. Payment of the scholarship by

21  the eligible nonprofit scholarship-funding organization shall

22  be by individual warrant or check made payable to the

23  student's parent. If the parent chooses for his or her child

24  to attend an eligible private nonpublic school, the warrant or

25  check must be mailed by the eligible nonprofit

26  scholarship-funding organization to the private nonpublic

27  school of the parent's choice, and the parent shall

28  restrictively endorse the warrant or check to the private

29  nonpublic school. An eligible nonprofit scholarship-funding

30  organization shall ensure that, upon receipt of a scholarship

31  warrant or check, the parent to whom the warrant or check is

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 1  made restrictively endorses the warrant or check to the

 2  private nonpublic school of the parent's choice for deposit

 3  into the account of the private nonpublic school.

 4         (h)  An eligible nonprofit scholarship-funding

 5  organization may not commingle scholarship funds with any

 6  other funds and must maintain a separate account for

 7  scholarship funds.

 8         (i)  An eligible nonprofit scholarship-funding

 9  organization shall obtain verification from a private school

10  of each student's continued attendance at the private school

11  prior to each scholarship payment.

12         (j)  An eligible nonprofit scholarship-funding

13  organization must verify the income of all scholarship

14  applicants participating in the program at least once each

15  school year through independent income documentation as

16  provided in rules of the State Board of Education.

17         (k)  An eligible nonprofit scholarship-funding

18  organization must prepare and submit quarterly reports to the

19  Department of Education pursuant to subsection (8). In

20  addition, an eligible nonprofit scholarship-funding

21  organization must immediately submit to the Department of

22  Education any information requested by the Department of

23  Education relating to the scholarship program.

24         (l)  Prior to assuming a position of owner as defined

25  in paragraph (2)(d) and annually thereafter, an owner of an

26  eligible nonprofit scholarship-funding organization must

27  annually meet the requirements for level 2 background

28  screening as provided in s. 435.04.

29         1.  The Department of Law Enforcement shall forward the

30  background check results to the Department of Education. The

31  Department of Education shall review the background check

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 1  results for compliance with this paragraph. The Department of

 2  Education shall forward the background check results to the

 3  eligible nonprofit scholarship-funding organization.

 4         2.  The cost of the background check must be borne by

 5  the eligible nonprofit scholarship-funding organization or the

 6  owner.

 7         3.  An owner who fails to meet level 2 background

 8  screening requirements may not be employed, be a party or a

 9  third-party beneficiary to a contract, or volunteer in any

10  capacity with an eligible nonprofit scholarship-funding

11  organization.

12         4.  If an eligible nonprofit scholarship-funding

13  organization employs, enters or maintains a contract with, or

14  allows an owner who fails to meet the requirements for level 2

15  background screening to volunteer for the nonprofit

16  scholarship-funding organization, the nonprofit

17  scholarship-funding organization may not participate in the

18  scholarship program under this section.

19         5.  An owner may contest the validity of his or her

20  disqualification under this paragraph pursuant to chapter 120;

21  however, the only basis for contesting the disqualification

22  shall be proof of mistaken identity. It is the responsibility

23  of the owner to contest the disqualification.

24         (m)  An eligible nonprofit scholarship-funding

25  organization must comply with the antidiscrimination

26  provisions of 42 U.S.C. s. 2000d.

27         (n)  An eligible nonprofit scholarship-funding

28  organization or an owner of an eligible nonprofit

29  scholarship-funding organization may not own, operate, or

30  administer an eligible private school participating in the

31  program.

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 1         (o)  An eligible nonprofit scholarship-funding

 2  organization must report to the Department of Education any

 3  private school participating in the scholarship program under

 4  this section which does not comply with the requirements of

 5  the scholarship program. The eligible nonprofit

 6  scholarship-funding organization may not provide additional

 7  scholarship funds to a parent for a student to attend a

 8  private school until the State Board of Education determines

 9  that the school is in compliance with this section.

10         (p)  An eligible nonprofit scholarship-funding

11  organization must allow a qualified student to attend any

12  eligible private school and must allow the parent to transfer

13  the scholarship during the school year to another eligible

14  private school of the parent's choice.

15         (q)  An eligible nonprofit scholarship-funding

16  organization must provide a scholarship to a qualified student

17  on a first-come, first-served basis unless the student

18  qualifies for priority pursuant to paragraph (4)(b). An

19  eligible nonprofit scholarship-funding organization may not

20  target scholarships to a particular private school or provide

21  scholarships to a child of an owner.

22         (r)  An eligible nonprofit scholarship-funding

23  organization may not transfer scholarship funds to another

24  eligible nonprofit scholarship-funding organization.

25         (s)  An eligible nonprofit scholarship-funding

26  organization may not secure a promissory note, a line of

27  credit, or other financing to fund a scholarship in

28  anticipation of an eligible contribution. An eligible

29  scholarship-funding organization may only fund scholarships

30  through eligible contributions received under the scholarship

31  program.

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 1         (t)  Prior to receiving funds under this section, an

 2  eligible nonprofit scholarship-funding organization must

 3  provide each state fiscal year to the Department of Education

 4  a written opinion by an independent certified public

 5  accountant confirming that the nonprofit scholarship-funding

 6  organization has capital or credit in an amount equivalent to

 7  the nonprofit scholarship-funding organization's costs in the

 8  previous year for operating the program under this section.

 9  For a nonprofit scholarship-funding organization participating

10  in the program under this section for the initial year, the

11  nonprofit scholarship-funding organization must have capital

12  or credit in an amount that is most similarly equivalent to a

13  current nonprofit scholarship-funding organization's operating

14  costs. For purposes of this section the term "most similarly

15  equivalent" means an amount that a nonprofit

16  scholarship-funding organization that is currently

17  participating in the program had in operating costs the

18  previous state fiscal year for an equivalent amount of

19  contributions.

20         (u)  A nonprofit scholarship-funding organization that

21  fails to comply with this section may not participate in the

22  scholarship program.

23         (5)  PARENT OBLIGATIONS.--

24         (a)  As a condition for scholarship payment pursuant to

25  paragraph (4)(g), if the parent chooses for his or her child

26  to attend an eligible private nonpublic school, the parent

27  must inform the child's school district within 15 days after

28  such decision.

29         (b)  Any student participating in the scholarship

30  program must remain in attendance throughout the school year,

31  

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 1  unless excused by the school for illness or other good cause,

 2  and must comply fully with the school's code of conduct.

 3         (c)  The parent of each student participating in the

 4  scholarship program must comply fully with the eligible

 5  private school's parental-involvement requirements unless

 6  excused by the school for good cause.

 7         (d)  Upon receipt of scholarship funds from the

 8  eligible nonprofit scholarship-funding organization, the

 9  parent to whom the warrant is made must restrictively endorse

10  the warrant to the private school for deposit into the account

11  of the private school. The parent may not authorize the

12  eligible private school, its owners, or employees to act as an

13  attorney in fact for purposes of endorsing scholarship

14  warrants.

15         (e)  The parent of each qualified student participating

16  in the scholarship program must ensure that the student

17  participates in the required testing pursuant to this section.

18         (f)  A student or parent who fails to comply with this

19  subsection forfeits the scholarship.

20         (6)  ELIGIBLE PRIVATE NONPUBLIC SCHOOL OBLIGATIONS.--An

21  eligible private nonpublic school must:

22         (a)  Demonstrate fiscal soundness by filing with being

23  in operation for one school year or provide the Department of

24  Education with a surety bond for the amount equal to the

25  scholarship amount for each quarter of the school year. The

26  surety bond must be filed at the time of the private school's

27  initial registration to participate in the program under this

28  section with the Department of Education and at each annual

29  registration period thereafter for a total of 3 consecutive

30  years. This requirement does not apply to an eligible private

31  school that:

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 1         1.  Has participated in the program for 3 consecutive

 2  years or longer; and

 3         2.  Has had no action taken by the Department of

 4  Education against the private school for any violation of this

 5  section for 3 consecutive years or longer.

 6  

 7  However, any private school that was subject to an action

 8  taken by the Department of Education for any violation of this

 9  section shall, at the time of the school's annual registration

10  following the date on which action was taken against the

11  private school for violations of this section and for 2

12  additional consecutive years thereafter, file a surety bond

13  with the Department of Education. statement by a certified

14  public accountant confirming that the nonpublic school

15  desiring to participate is insured and the owner or owners

16  have sufficient capital or credit to operate the school for

17  the upcoming year serving the number of students anticipated

18  with expected revenues from tuition and other sources that may

19  be reasonably expected. In lieu of such a statement, a surety

20  bond or letter of credit for the amount equal to the

21  scholarship funds for any quarter may be filed with the

22  department.

23         (b)  Comply with the antidiscrimination provisions of

24  42 U.S.C. s. 2000d.

25         (c)  Meet state and local health and safety laws and

26  codes.

27         (d)  Comply with all state laws relating to general

28  regulation of private nonpublic schools.

29         (e)  Employ or contract with teachers who have regular

30  and direct contact with each student receiving a scholarship

31  under this section at the school's physical location. All

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 1  teachers must hold at least a baccalaureate degree; have at

 2  least 3 years of teaching experience in public or private

 3  schools; or have special skills, knowledge, or expertise that

 4  qualifies them to provide instruction in subjects taught. As

 5  part of the sworn-compliance form authorized under subsection

 6  (7), an eligible private school must report to the Department

 7  of Education the number of teachers employed or under contract

 8  with the private school, along with the manner in which the

 9  teacher meets the requirements of this paragraph.

10         (f)  Annually register with the Department of

11  Education. Each private school must annually provide the

12  following information to the Department of Education:

13         1.  The legal business and trade names, mailing

14  address, and business location of the private school;

15         2.  The legal name, mailing address, and telephone

16  numbers of an owner of the private school;

17         3.  A list of students at the private school receiving

18  a scholarship under this section; and

19         4.  A notification of the private school's intent to

20  participate in the program under this section.

21         (g)  Ensure that all personnel who are hired or under

22  contract to fill positions requiring direct contact with

23  students in the private school or to handle scholarship funds

24  and all owners of the private school have annually met the

25  requirements for level 2 background screening as provided in

26  s. 435.04 prior to hire, entry into a contract with, or

27  assumption of ownership or administration and annually

28  thereafter.

29         1.  The Department of Law Enforcement shall forward the

30  background check results to the Department of Education and

31  the eligible private school.

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 1         2.  The cost of the background check must be borne by

 2  the private school or its employee, contractor, or owner.

 3         3.  All private school personnel, including, but not

 4  limited to, contractors, owners, or volunteers who fail to

 5  meet level 2 screening requirements may not be employed, under

 6  contract with, or volunteer in any capacity with an eligible

 7  private school.

 8         4.  If an eligible private school employs, enters a

 9  contract with, or allows an individual to volunteer for the

10  private school who fails to meet the requirements for level 2

11  screening, the private school may not participate in the

12  scholarship program under this section.

13         5.  An individual subject to the background screening

14  of this paragraph may contest the validity of his or her

15  disqualification pursuant to chapter 120; however, the only

16  basis for contesting the disqualification shall be proof of

17  mistaken identity. It is the responsibility of the

18  disqualified individual to contest the disqualification. 

19         (h)  Annually administer or make provisions for

20  scholarship students to take the Iowa Test of Basic Skills or

21  the Stanford-9 or subsequent versions of these tests. A

22  participating private school must report a student's scores to

23  the parent and to the independent private research

24  organization selected by the Department of Education pursuant

25  to subsection (7).

26         (i)  Annually comply with the Department of Education's

27  affidavit requirements as provided in subsection (8).

28         (j)  Notify in writing the Department of Education and

29  the nonprofit scholarship-funding organization within 7 days

30  if a student is ineligible to participate in the scholarship

31  program.

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 1  

 2  A private school that fails to comply with this section is

 3  ineligible to participate in the scholarship program under

 4  this section.

 5         (7)  STATE BOARD OF EDUCATION; RESPONSIBILITIES.--The

 6  Department of Education must:

 7         (a)  Annually submit, by March 15, to the Department of

 8  Revenue a list of eligible nonprofit scholarship-funding

 9  organizations that meet the requirements of this section.

10         (b)  Annually determine the eligibility of nonprofit

11  scholarship-funding organizations that meet the requirements

12  of this section. The Department of Education must determine

13  the eligibility of the nonprofit scholarship-funding

14  organization within 90 days after the nonprofit

15  scholarship-funding organization's application for approval to

16  participate in the program. The Department of Education must

17  provide written notice of approval or denial to participate in

18  the program to the nonprofit scholarship-funding organization.

19  The notice must contain the specific reasons for approval or

20  denial.

21         (c)  Annually determine the eligibility of private

22  schools that meet the requirements of this section. The

23  Department of Education must maintain a list of eligible

24  private schools, and that list must be made accessible to the

25  public.

26         (d)  Annually verify the eligibility of students that

27  meet the requirements of this section. The Department of

28  Education must maintain a database of students participating

29  in the program. The Department of Education must, at least

30  quarterly, update its database to ensure that a student

31  continues to meet the requirements of this section. The

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 1  Department of Education must immediately notify an eligible

 2  nonprofit scholarship-funding organization of any student that

 3  fails to meet the requirements of this section.

 4         (e)  Annually account for and verify the eligibility of

 5  expenditures under this section.

 6         (f)  Annually submit, administer, and retain records of

 7  affidavits from private schools certifying compliance with

 8  this section.

 9         (g)  Select an independent private research

10  organization to which participating private schools must

11  report the scores of participating students on the Iowa Test

12  of Basic Skills, the Stanford-9, or subsequent versions of

13  these tests administered by the private school. The

14  independent private research organization must annually report

15  to the Department of Education on the year-to-year

16  improvements of the participating students. The independent

17  research organization must analyze and report student

18  performance data in a manner that protects the rights of

19  students and parents as mandated in 20 U.S.C. s. 1232g and

20  must not disaggregate data to a level that will disclose the

21  identity of students or of private schools. To the extent

22  possible, the independent private research organization must

23  accumulate historical performance data on students from the

24  Department of Education and private schools to describe

25  baseline performance and to conduct longitudinal studies.

26         (h)  Revoke the eligibility of a nonprofit

27  scholarship-funding organization, private school, or student

28  to participate in the program for noncompliance with this

29  section.

30         (i)  Annually report, by December 15, to the Governor,

31  the President of the Senate, and the Speaker of the House of

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 1  Representatives of the Department of Education's actions with

 2  respect to implementing accountability in the scholarship

 3  program under this section including, but not limited to, any

 4  substantiated allegations or violations of law or rule by a

 5  nonprofit scholarship-funding organization or private school

 6  under this program and the corrective action taken by the

 7  Department of Education.

 8         (8)(7)  ADMINISTRATION; RULES.--

 9         (a)  If the credit granted pursuant to this section is

10  not fully used in any one year because of insufficient tax

11  liability on the part of the corporation, the unused amount

12  may be carried forward for a period not to exceed 3 years;

13  however, any taxpayer that seeks to carry forward an unused

14  amount of tax credit must submit an application for allocation

15  of tax credits or carryforward credits as required in

16  paragraph (d) in the year that the taxpayer intends to use the

17  carryforward. The total amount of tax credits and carryforward

18  of tax credits granted each state fiscal year under this

19  section is $88 million. This carryforward applies to all

20  approved contributions made after January 1, 2002. A taxpayer

21  may not convey, assign, or transfer the credit authorized by

22  this section to another entity unless all of the assets of the

23  taxpayer are conveyed, assigned, or transferred in the same

24  transaction.

25         (b)  An application for a tax credit pursuant to this

26  section shall be submitted to the Department of Revenue on

27  forms established by rule of the Department of Revenue.

28         (c)  The Department of Revenue and the Department of

29  Education shall develop a cooperative agreement to assist in

30  the administration of this section. The Department of

31  Education shall be responsible for annually submitting, by

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 1  March 15, to the department a list of eligible nonprofit

 2  scholarship-funding organizations that meet the requirements

 3  of paragraph (2)(d) and for monitoring eligibility of

 4  nonprofit scholarship-funding organizations that meet the

 5  requirements of paragraph (2)(d), eligibility of nonpublic

 6  schools that meet the requirements of paragraph (2)(c), and

 7  eligibility of expenditures under this section as provided in

 8  subsection (4).

 9         (d)  The Department of Revenue shall adopt rules

10  necessary to administer this section, including rules

11  establishing application forms and procedures and governing

12  the allocation of tax credits and carryforward credits under

13  this section on a first-come, first-served basis.

14         (e)  The State Board of Education Department of

15  Education shall adopt rules pursuant to ss. 120.536(1) and

16  120.54 to administer this section, including, but not limited

17  to, rules: necessary to

18         1.  Determining determine eligibility of nonprofit

19  scholarship-funding organizations and private schools; as

20  defined in paragraph (2)(d) and according to the provisions of

21  subsection (4) and

22         2.  Identifying identify qualified students; as defined

23  in paragraph (2)(e).

24         3.  Identifying the documentation required to establish

25  eligibility for nonprofit scholarship-funding organizations;

26         4.  Requiring an affidavit, which comports with this

27  section's requirements for private schools that participate in

28  the scholarship program;

29         5.  Identifying the independent income-verification

30  documentation required to establish student eligibility under

31  this section; and

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 1         6.  Establishing equivalency for purposes of

 2  determining fiscal soundness for a nonprofit

 3  scholarship-funding organization in accordance with subsection

 4  (4)(t).

 5         (f)  The State Board of Education may delegate its

 6  authority under this section to the Commissioner of Education

 7  with the exception of rulemaking authority.

 8         (9)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

 9  eligible contributions received by an eligible nonprofit

10  scholarship-funding organization shall be deposited in a

11  manner consistent with s. 17.57(2).

12         Section 2.  This act shall take effect upon becoming a

13  law.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Revises the provisions and requirements of the Corporate
      Tax Credit Scholarship Program. Prohibits a student who
18    receives certain other scholarships from participating in
      the program. Requires audits and other verification by
19    the nonprofit scholarship-funding organization. Requires
      a background check of an owner of a scholarship-funding
20    organization. Provides requirements for private schools
      that participate in the program. Requires registration
21    with the Department of Education and background checks of
      personnel. Requires that a participating school comply
22    with requirements for student testing. Specifies duties
      of the Department of Education with respect to
23    administering the program. Requires the Department of
      Education to adopt rules. (See bill for details.)
24  

25  

26  

27  

28  

29  

30  

31  

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